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but when he is able to you wonder whether or not the miranda situation will change and that is something to look forward to over the coming dayings. >> thousands in boston and millions in the country are relieved that the chapter is closed. but a new story begins as investigators investigate what motivated the two men and how much backing they h. >> i am happy to go to bed tonight and happy my family can go to sleep without worries about acracy terrorist. >> it is a feeling of relief and gladness and happy for all of tholce who are involved. i have a cold, and i took nyquil, but i'm still "stubbed" up. [ male announcer ] truth is, nyquil doesn't unstuff your nose. what? [ male announcer ] it doesn't have a decongestant. no way. [ male announcer ] sorry. alka-seltzer plus fights your worst cold symptoms plus has a fast acting decongestant to relieve your stuffy nose. [ sighs ] thanks! [ male announcer ] you're welcome. that's the cold truth! [ male announcer ] alka-seltzer plus. ♪ oh what a relief it is! ♪ [ male announcer ] to learn more about the cold truth and save $1 visit alka-se
but when he is able to you wonder whether or not the miranda situation will change and that is something to look forward to over the coming dayings. >> thousands in boston and millions in the country are relieved that the chapter is closed. but a new story begins as investigators investigate what motivated the two men and how much backing they h. >> i am happy to go to bed tonight and happy my family can go to sleep without worries about acracy terrorist. >> it is a feeling of...
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attorney was asked, was he given the miranda warning. we understand there's a public safety exception. is a new wrinkle in counterterrorism operations. you know, for years law enforcement officers have been told the minute you arrest someone, the first thing do you before you ask them anything is read them their miranda rights. everyone who watched a mystery show can recite them. in this case, amid the controversy of whether they should be enemy combatants and held by the military because they're terrorists or whether they should be handled through the criminal justice system, they have adjusted that slightly to say when you have a terrorist in custody, you skip the miranda warning in the beginning on the public safety exception. you get to any questions that have to do with is there any danger right now? are there explosives devices? hazardous material? some plot you can tell us abouts this still unfolding against another target? when you have gotten through the exigent part of the public safety piece, then you revert back to all right,
attorney was asked, was he given the miranda warning. we understand there's a public safety exception. is a new wrinkle in counterterrorism operations. you know, for years law enforcement officers have been told the minute you arrest someone, the first thing do you before you ask them anything is read them their miranda rights. everyone who watched a mystery show can recite them. in this case, amid the controversy of whether they should be enemy combatants and held by the military because...
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they believe that -- the feds actually, when they took him in, they suspended his miranda rights for a 48 hour period and decide whether or not to seek the death penalty -- listen to this from last night as well. >> this is still an active and ongoing investigation. we're going to be reviewing all of the evidence. before that kind of a decision is made in terms of whether or not to seek the death penalty, you review all of the evidence and it's a very thoughtful, long process that is engaged and it's the attorney general of the department of justice that makes that final decision. >> martha: all right. so there you have that. let's bring in fox news legal analyst peter johnson, jr. peter, welcome. >> how are you? >> martha: that's the u.s. attorney on this case in boston. she says it's too early to talk about death penalty. >> i was really surprised and disturbed as an american and as a lawyer in watching that last night. you couldn't think of a more weak insip mid remark that she was making. the charges that will be filed in this case, i haven't seen them, but i can approximate what
they believe that -- the feds actually, when they took him in, they suspended his miranda rights for a 48 hour period and decide whether or not to seek the death penalty -- listen to this from last night as well. >> this is still an active and ongoing investigation. we're going to be reviewing all of the evidence. before that kind of a decision is made in terms of whether or not to seek the death penalty, you review all of the evidence and it's a very thoughtful, long process that is...
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Apr 20, 2013
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it's different from the miranda warning. the other thing. don't forget, if he is not given the miranda warning what the worst thing that can happen? you don't think they have a case without the statement. >> megyn: they have videotape of him placing the bomb. >> they make a calculated decision, getting lawyered up or going forward and getting the bad guys that are still out there. >> megyn: it will be tough to find a jury not willing to convict. death penalty versus not. we're getting overhead shot of the boat where the suspect was last night. this one is less clear. we're going put these on the screen. why is the boston public defender's office so anxious to get involved. >> probably running to the ideological on to the cynical. >> megyn: you think they are unhappy he hasn't been given miranda yet? >> good point. even if he had been given it and made statements and it's a slam-dunk case on video. they knead don't need any of it. >> megyn: so a confession in terms of figuring out the larger war on terror. >> it's a legitimate exception but a
it's different from the miranda warning. the other thing. don't forget, if he is not given the miranda warning what the worst thing that can happen? you don't think they have a case without the statement. >> megyn: they have videotape of him placing the bomb. >> they make a calculated decision, getting lawyered up or going forward and getting the bad guys that are still out there. >> megyn: it will be tough to find a jury not willing to convict. death penalty versus not. we're...
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Apr 21, 2013
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but one of the issues is whether or not he will be given his miranda rights. is he a u.s. citizen? and under the constitution considered innocent until proven guilty? is he an enemy combatant? >> that's one of the political arguments happening in this town right now. you end up having people from the aclu, other supporters of civil liberties in saying that people like timothy mcvay who was a domestic terrorist was read miranda rights and the same thing should happen to the brothers. on the other hand you do have the same two senators i just talked about on immigration legislation, john mccain and lindsey graham who said this person is a terrorist should not have miranda rights. it seems the obama administration is going to be straddling the middle ground as they did a couple years ago in that you wait some time before giving them their miranda rights to make sure there's no types of threats to the public safety before reading those rights. and that seems to be the course the obama administration will be taking. >> your network is the subject of two articles i want to bring to our a
but one of the issues is whether or not he will be given his miranda rights. is he a u.s. citizen? and under the constitution considered innocent until proven guilty? is he an enemy combatant? >> that's one of the political arguments happening in this town right now. you end up having people from the aclu, other supporters of civil liberties in saying that people like timothy mcvay who was a domestic terrorist was read miranda rights and the same thing should happen to the brothers. on...
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. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were playing defense. >> le
. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great...
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Apr 21, 2013
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. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were playing defense. >> le
. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great...
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Apr 23, 2013
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it was unclear if he was read his miranda rights. but in washington, white house spokesman jay carney said he's a naturalized u.s. citizen, so he will not face a military tribunal. >> he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice, under us law. u.s. citizen can not be trialed, tried rather in military commissions. and it's important to remember that since 9-11 we have used the federal court system to convict and incarcerate hundreds of terrorists. >> brown: tsarnaev was also likely to face state charges in the shooting death of a police officer at m.i.t. it all followed his dramatic capture friday evening, when he was found hiding and wounded in a boat behind a home in the boston suburb of watertown. his older brother tamarlen died hours earlier in a shoot-out with police that triggered the all-day manhunt and shut down the city. yesterday, on cbs, massachusetts governor deval patrick stood by the unprecedented measures. >> i think people understood that we were
it was unclear if he was read his miranda rights. but in washington, white house spokesman jay carney said he's a naturalized u.s. citizen, so he will not face a military tribunal. >> he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice, under us law. u.s. citizen can not be trialed, tried rather in military commissions. and it's important to remember that since 9-11 we have used the federal court system to convict and...
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miranda is not a huge obstacle to get people cooperate. typically they realize once they are caught that they have to cooperate in order to make things better for themselves. the idea that miranda presents some huge obstacle to gain cooperation is not true, number one. number two, there are many avenues and many tools that the f.b.i. to have conduct investigations. >> megyn: here is the concern. what if he lawyers up. what if he lawyers up and then refused to answer any more questions before we gotten everything we need to know. we want to follow up and you know as well as i do, lawyers will tell him, keep your mouth shut. >> actually david who ran the national security division that the opposite was true. often having the attorney involved makes it easier to explain to the defendant why it is in his interests to cooperate. i don't think that is necessarily true. certainly, the f.b.i. has broad authorities especially a case like thishere we know heinous act has happened to use various tools. there are often many ways to get information. >>
miranda is not a huge obstacle to get people cooperate. typically they realize once they are caught that they have to cooperate in order to make things better for themselves. the idea that miranda presents some huge obstacle to gain cooperation is not true, number one. number two, there are many avenues and many tools that the f.b.i. to have conduct investigations. >> megyn: here is the concern. what if he lawyers up. what if he lawyers up and then refused to answer any more questions...
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there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go ahead and interview the suspect, future defendant without reading his miranda rights. the exception that they are citing is the public safety exception from a 1984 case, where a suspect was arrested after putting a loaded gun somewhere that supermarket. as the police were driving away, they asked him what he did with the gun, and he told them where it was. the police were able to recover a loaded gun. but in that case the danger to the public was immediate. here, i think we're talking about potentially interviewing this guy, the younger brother, when he wakes up in the hospital after the police have been sati
there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go...
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the white house decided not to read him miranda rights. he's not getting that. feds are envoking an exception to the rule and already the american civil liberties is slamming that decision . we must not waiver from the tried and true judicial system. we'll break down the complicated legal issuings. criminal defense attorney heather hanson is wherulse. >> you catch somebody who might have left a bomb somewhere . you want to keep them safe and question them right now for the public safety. >> that times passed hasn't it. >> the law was in 1984 . that is what it at that time. since then specifically after the times square bombing in 2010, >> attempted. >> the f.b.i. put out a memo that addresses the terrorist cases that they could expand the time in which they can question a suspect without reading them their rights. the question is how long of a time is there. we don't know the answer. >> was it not the letter of the law. but was it the intent of the law to stop an imminent threat against the people. for instance times square bomber had blown something out there a
the white house decided not to read him miranda rights. he's not getting that. feds are envoking an exception to the rule and already the american civil liberties is slamming that decision . we must not waiver from the tried and true judicial system. we'll break down the complicated legal issuings. criminal defense attorney heather hanson is wherulse. >> you catch somebody who might have left a bomb somewhere . you want to keep them safe and question them right now for the public safety....
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the miranda right can be read at a later time. he has reportedly been shot through the throat, he is incubated and he can't talk now. therdo the investigation, to make a clear assessment and move from there. so i really regret all of this discussion. which is creating a conflict that need not be there. the administration is redty foreadyfor this. >> chris: let me bring in congressman king. despite the comments of feinstein do you think dzhokhar tsarnaev should be treated as enemy combatant? >> i think he should be treated as enemy combatant. there are so many questions unanswered and so many potential links to terrorism here. the battlefield was not in the united states so i believe he's enemy combatant. he would not be tried before military commission. he would be tried in civilian court and the statements taken from him cannot be used against him in the trial. right now, one of the only links we have as the chechen involve in the al-qaeda mov movement. are there other conspirators out there? where do they get the radicalization?
the miranda right can be read at a later time. he has reportedly been shot through the throat, he is incubated and he can't talk now. therdo the investigation, to make a clear assessment and move from there. so i really regret all of this discussion. which is creating a conflict that need not be there. the administration is redty foreadyfor this. >> chris: let me bring in congressman king. despite the comments of feinstein do you think dzhokhar tsarnaev should be treated as enemy...
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the miranda right can be read at a later time. he has reportedly been shot through the throat, he is incubated and he can't talk now. there is time to do the investigation, to make a clear assessment and move from there. so i really regret all of this discussion. which is creating a conflict that need not be there. the administration is redty foreadyfor this. >> chris: let me bring in congressman king. despite the comments of feinstein do you think dzhokhar tsarnaev should be treated as enemy combatant? >> i think he should be treated as enemy combatant. there are so many questions unanswered and so many potential links to terrorism here. the battlefield was not in the united states so i believe he's enemy combatant. he would not be tried before military commission. he would be tried in civilian court and the statements taken from him cannot be used against him in the trial. right now, one of the only links we have as the chechen involve in the al-qaeda mov movement. are there other conspirators out there? where do they get the ra
the miranda right can be read at a later time. he has reportedly been shot through the throat, he is incubated and he can't talk now. there is time to do the investigation, to make a clear assessment and move from there. so i really regret all of this discussion. which is creating a conflict that need not be there. the administration is redty foreadyfor this. >> chris: let me bring in congressman king. despite the comments of feinstein do you think dzhokhar tsarnaev should be treated as...
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there is a lot of truth, wait waive to give miranda rights. defense attorneys will do that inevitablely in a case like this especially where it's going to be what he says. >> megyn: the obligation is to protect his client, not to protect us. you need to have somebody looking out for you. he did, he did some things right after the break when our panel continues. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge! >>. >> megyn: back mercedes and mark according to some reports, not independently confirmed he is claiming by writing out answers because he can't speak that well that his brother, his older brother wanted
there is a lot of truth, wait waive to give miranda rights. defense attorneys will do that inevitablely in a case like this especially where it's going to be what he says. >> megyn: the obligation is to protect his client, not to protect us. you need to have somebody looking out for you. he did, he did some things right after the break when our panel continues. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with...
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these are things only obtained if he doesn't get the miranda rights. public safety exceptions will expire in 24 hours. he can lawyer up. >> that's what happened in the case of the underwear bomber, nigerian who tried to blow up a plane over the united states on christmas day 2009. he was a foreign citizen and read his miranda rights after 50 minutes. there was criticism at the time that they were unable to mine him for information how the plot developed overseas suspect is in supermax prison in colorado. >> the 48-hour thing is not an absolute fixed time period. oh, by the way, military commissions which have not secured any convictions, really, against anyone since 9/11, there is a right to council and there procedures, too. all of which keep getting tested. don't work. >> enemy combatant has nothing to do with the military commissions. >> dzhokhar tsarnaev could be deemed enemy combatant and still tried in a civilian court, which is what happened the w jose padilla in the past. it's not done often and justice department is in unchartered waters for h
these are things only obtained if he doesn't get the miranda rights. public safety exceptions will expire in 24 hours. he can lawyer up. >> that's what happened in the case of the underwear bomber, nigerian who tried to blow up a plane over the united states on christmas day 2009. he was a foreign citizen and read his miranda rights after 50 minutes. there was criticism at the time that they were unable to mine him for information how the plot developed overseas suspect is in supermax...
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miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it becae of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldosa it in english. court or tribunal? >> oh, court or tribunal. i suspect we need to know a little more infmation but certainly looking like a military tribunal. >> geraldo: do you want it to be military tribunal? >> depends on the facts but looks like yes, this was. >> geraldo: quadruple murder and four death sentences on this guy. >> i don't care what the guys were saying during the commcial break. a military tribunal done properly are does not give the defendant as many protections as a mere criminal in the united states. >> geraldo: robert first and then bo. >> i feel like a 9th
miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it becae of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldosa it in english. court or tribunal?...
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in terms of what he is waiting for from his miranda. you know it from "law and order." you have the right to remain silent. you have the right to consult an attorney before speaking to the police. if you cannot afford an attorney one will be appointed for you before any questions if you wish. if you decide to answer any questions without an attorney you will still have the right to stop answering. are you willing to answer my questions without an attorney present? it's not always exactly like that and in the movies the person saying it usually has a much cooler accent but that's pretty much the idea. your statements are only admissible in court if they come after you've been told that list of things about your rights. there is a public safety exception for questions that just had to be asked of you urgently for legitimate public safety need even if those questions came before you got read the miranda. the obama administration has extended the reach of that public safety exemption so it can last longer to attend to the public safety threats that could accrue in terrorism
in terms of what he is waiting for from his miranda. you know it from "law and order." you have the right to remain silent. you have the right to consult an attorney before speaking to the police. if you cannot afford an attorney one will be appointed for you before any questions if you wish. if you decide to answer any questions without an attorney you will still have the right to stop answering. are you willing to answer my questions without an attorney present? it's not always...
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Apr 23, 2013
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he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as a home health care aide. while she was away, he was supposedly taking care of the three-year-old toddler. >>gretchen: she had totally changed who she was. many people allege she had been brain washed by this radical islam thought, that she was a christian before, and three years ago she decided to convert. but not only just convert; really get into the depths of it and change exactly who she was. we saw her there in the garb. people who knew her in high school said she was nothing like she was before. she dropped out of college. she had aspired to become somebody and decid
he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as...
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people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to question him. >> pete, i got an e-mail using a term of art in law enforcement. somebody said, remember, this is a federal show. >> meaning the fbi is in charge. we have already heard some members of the senate say this person should be declared an enemy combatant, not given miranda warning and should be subject to a military-style interrogation. the obama administration will never go for that. they believe suspects who commit crimes here should be treated in the criminal justice system. that's what they will intend to do. >> michael leiter who was, among othe
people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to...
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. >> gregg: we have toe concerned about miranda rights -- that is irrelevant. there is plethora of evidence and he allegedly confessed to the carjacking. so what do you want to do is fi out other planned attacks and accomplices? >> absolutely. you want to find out who was involved in a broader plan, if there is a broader plan. at were all the bombs that were thrown athe police, where were they slated for and is there anybody else lurking i the wings? the trick will be to chip to his heart and who is close to heart andse the leverage. misrepresent the facts, they will be arrested. >> gregg: the supreme court has said so. >> one thousand percent. this is the perfect scenario. all the leverage is on the side of the investigators. he has no idea. he is 19. he is dumb as rocks. he failed six out of seven classes in college. he forgott surveillance video existed in america by the bombing on monday. he is naive and impressionable. they can get to i am. >> gregg: you want to look at all electronic communications and personal property and his car. anybody he might have
. >> gregg: we have toe concerned about miranda rights -- that is irrelevant. there is plethora of evidence and he allegedly confessed to the carjacking. so what do you want to do is fi out other planned attacks and accomplices? >> absolutely. you want to find out who was involved in a broader plan, if there is a broader plan. at were all the bombs that were thrown athe police, where were they slated for and is there anybody else lurking i the wings? the trick will be to chip to his...
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certainly he will be read his miranda rights. since this was an nbi arrest, he will be read his miranda rights. he doesn't have to ask for a lawyer, he could mamake statements that could later be used against him. you can ask for an attorney or you can make a statement. >> let me jump in here i want to check in with john king. john you're hearing more from -- >> i just want to pass along information from our producer carol credy. two federal law enforcement officials have confirmed to her they have identified the identity. it is the younger brother suspect number two that is in custody. now they say federal officials have verifieded the identity. the official i communicated with said in custody, unspecified medical needs. they are now sweeping the area. >> bryan, what are you seeing. what did you see go down? >> anderson we just observed the scene from a rooftop probably 500-yard away from the backyard area. it had calmed down but we did see some police activity in the backyard. flashlights moving around. a police chopper had ret
certainly he will be read his miranda rights. since this was an nbi arrest, he will be read his miranda rights. he doesn't have to ask for a lawyer, he could mamake statements that could later be used against him. you can ask for an attorney or you can make a statement. >> let me jump in here i want to check in with john king. john you're hearing more from -- >> i just want to pass along information from our producer carol credy. two federal law enforcement officials have confirmed...
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i think the discussion about miranda is sue superfluous. some say it deter arrives from the fifth amendment and not from the warning and given the prevalence of it i don't think there's a person who doesn't know they have a right to remain silent. to think just because this young man was very intelligent and educated didn't know he had the right to remain silent because he was not given the miranda is silly. the fundamental issue is the paradigm in which we treat people in this instance facts as the attorney from the aclu point outs and i have to point out i'm not a huge fan of the aclu but i have to agree. we have an american citizen on american soil and to strip him of constitutional rights is preposterous. the supreme court has spoken to this after the civil war and they ruled that when the courts were open the right of habeas corpus couldn't be suspended. i'm a soldier and when you misuse the laws of war you endanger people like me on the battlefield. there are instances when terrorists are enemy combatants. this is not one of them. gue
i think the discussion about miranda is sue superfluous. some say it deter arrives from the fifth amendment and not from the warning and given the prevalence of it i don't think there's a person who doesn't know they have a right to remain silent. to think just because this young man was very intelligent and educated didn't know he had the right to remain silent because he was not given the miranda is silly. the fundamental issue is the paradigm in which we treat people in this instance facts...
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Apr 20, 2013
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dzhokhar tsarnaev will not be read his miranda rights before he's questioned. once he's physically able to answer questions. as far as we know, he's still in too bad of shape to answer law enforcement questions at all. in terms of what he is waiting for, for his miranda, you know it from law and order, right? you have the right to remain silent, anything you say or do may be used against you in a court of law, you have the right to consult an attorney and to have an attorney present during questioning. if you cannot afford an attorney, one will be appointed for you before any questioning if you wish. if you decide to answer any questions without an attorney present, you have the right to stop answering at any time until you talk to an attorney knowing and understanding your rights as i explain them to you, are you willing to answer my questions without an attorney present. it is not always exactly like that. in the movies, the person saying it usually has a much cooler accent. but that's pretty much the idea. the idea is that your statements are only admissible
dzhokhar tsarnaev will not be read his miranda rights before he's questioned. once he's physically able to answer questions. as far as we know, he's still in too bad of shape to answer law enforcement questions at all. in terms of what he is waiting for, for his miranda, you know it from law and order, right? you have the right to remain silent, anything you say or do may be used against you in a court of law, you have the right to consult an attorney and to have an attorney present during...
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he was given his miranda rights. finally they had been put in place. they're going to question him to use that information to collect intelligence so that they protect the rest of us. >> this case seems like a prime candidate for capital punishment. do you think there will be much debate about whether or not he gets the death penalty? >> i sure hope not. he's a poster boy for if. >> how so? >> he used an explosive device. he killed people, he maimed people, he intended to do more. he rings all the bells. >> what if he gives more information about people overseas who they were in could cahoots with? >> you mean cooperates? >> yeah. is that the thing that helps you avoid the death penalty. >> it's one thing that helps you avoid the death penalty. i hope it doesn't get him anything less than life. >> we see this and it sort of reminded me of the dc sniper case in a way. maybe the younger person who was influenced by his older brother. maybe led astray in some capacity. we may uncover that the brother was really the ring leader here, the one who was drivin
he was given his miranda rights. finally they had been put in place. they're going to question him to use that information to collect intelligence so that they protect the rest of us. >> this case seems like a prime candidate for capital punishment. do you think there will be much debate about whether or not he gets the death penalty? >> i sure hope not. he's a poster boy for if. >> how so? >> he used an explosive device. he killed people, he maimed people, he intended...
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not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in the meantime before you offer miranda rights, get some of america's best interrogators in there and you find out what this guy knows. is he connected to a larger cell? are there pending attacks? are there foreign links? where did the training come from? how did you learn to make the bombs? basic simple questions this we need to know because the safety and security of the american people in this case i think are paramount. >> sean, do you know who gave him his miranda rights? >> i don't know exactly who but we were told he was. >> a federal judge, a magistrate
not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in...
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government has not yet red dzhokhar tsarnaev his miranda rights. we'll discuss when the aclu's mike german joins us just ahead. i've always had to keep my eye on her... but, i didn't always watch out for myself. with so much noise about health care... i tuned it all out. with unitedhealthcare, i get information that matters... my individual health profile. not random statistics. they even reward me for addressing my health risks. so i'm doing fine... but she's still going to give me a heart attack. we're more than 78,000 people looking out for more than 70 million americans. that's health in numbers. unitedhealthcare. and "up to 75% lower copays." as a preferred pharmacy, walgreens can save you as much as 75% compared to other select pharmacies. walgreens, at the corner of happy and healthy. >>> when ruslan tsarni held court with the media on friday, he tried to give a snapshot of his nephews' lives, he also defended his heritage, as well as his newfound homeland. >> i respect this country, i love this country. this country, which gives chance to e
government has not yet red dzhokhar tsarnaev his miranda rights. we'll discuss when the aclu's mike german joins us just ahead. i've always had to keep my eye on her... but, i didn't always watch out for myself. with so much noise about health care... i tuned it all out. with unitedhealthcare, i get information that matters... my individual health profile. not random statistics. they even reward me for addressing my health risks. so i'm doing fine... but she's still going to give me a heart...
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i don't care if you read people miranda rights. i just don't want you to shut down the intelligence-gathering process. that individual was never designated an enassembly combatant. only way he agreed to cooperate is f.b.i. flew to his family i and his parents convinced him. times square bomber, the times square bombing incident, he had pakistan/taliban ties. read miranda rights, never designated enemy combatant. we never terroristed him for intelligence gathering purposes. osama bin laden's soim, abu gazey is in the federal system today and read miranda rights. never designated enemy combatant. can you imagine what osama bin laden's son-in-law could tell us about the terrorist organizations? he was the spokesman for al qaeda after 9/11. so there's a disturbing pattern here, quite frankly, of not gathering intelligence when that opportunity exists. thank you very much. i have to go. i will get a pen and pad and go next door to answer any questions if you have about the f.b.i. and, again, we're going to absorb a moment of silence her
i don't care if you read people miranda rights. i just don't want you to shut down the intelligence-gathering process. that individual was never designated an enassembly combatant. only way he agreed to cooperate is f.b.i. flew to his family i and his parents convinced him. times square bomber, the times square bombing incident, he had pakistan/taliban ties. read miranda rights, never designated enemy combatant. we never terroristed him for intelligence gathering purposes. osama bin laden's...
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, remember miranda only excludes the actual statement itself. but if the statements were obtained involuntarily as a result of the sedation, not only can't they use the statements in court, but they can't use any of the fruits of those poison trees. so if they get any leads, they can't use those against this defendant. now, they can use it against others. they can use it for general intelligence gathering. so i agree with jeffrey that they may be making a calculated decision to risk any statements of confessions or intention in order to preserve the greater good of getting realtime intelligence information. >> and public safety which cannot be discounted at this time, that fruit of the poisonous tree so critical in this investigation. alan and jeffrey, standby if you will. we're going to delve a lot deeper into the details in the hour ahead. and also within the past hour a funeral mass concluded for one of the three people who was killed in last week's explosions. there were a lot of mourners packing into st. joseph's church in the boston suburb
, remember miranda only excludes the actual statement itself. but if the statements were obtained involuntarily as a result of the sedation, not only can't they use the statements in court, but they can't use any of the fruits of those poison trees. so if they get any leads, they can't use those against this defendant. now, they can use it against others. they can use it for general intelligence gathering. so i agree with jeffrey that they may be making a calculated decision to risk any...
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everyone should be given their miranda rights. host: if he is not given his miranda rights then they cannot use anything he talks to them about in a trial should this case goes to trial. caller: that is correct. said everybody should be given their rights. even the people in gitmo. that is how america works. talkedhe president about the court procedure that will be following this arrest of dzokhar tsarnaev. [video clip] >> that american spirit means staying true to the unity that makes us strong. blogs,ng tweets and there is a temptation to latch on to any bit of information and sometimes jump to conclusions. when a tragedy like this happens, when public safety is at risk and the stakes are so high, it is important we do this right. that is why we have investigations. that is why we relentlessly gather the facts. that is why we have courts. that is why we take care not to rush to judgment. not about the motivation of these individuals. certainly not about entire groups of people. after all the one thing that makes america the grea
everyone should be given their miranda rights. host: if he is not given his miranda rights then they cannot use anything he talks to them about in a trial should this case goes to trial. caller: that is correct. said everybody should be given their rights. even the people in gitmo. that is how america works. talkedhe president about the court procedure that will be following this arrest of dzokhar tsarnaev. [video clip] >> that american spirit means staying true to the unity that makes us...
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was told there was an exchange of gunfire, i was not there when he was taken out of the boat. >> no miranda warning, do you want to explain that to us. >> that is a federal issue.
was told there was an exchange of gunfire, i was not there when he was taken out of the boat. >> no miranda warning, do you want to explain that to us. >> that is a federal issue.
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he may have been read his miranda rights by a judge as early as tomorrow. the republican lawmakers, of course, say the public safety exception doesn't go far enough, that he should be treated as an enemy combatant. we do not want this suspect to have the right to remain silent. here is a little bit more about what they said. i'll put this graphic up on the screen. this is from a statement released by those republican lawmakers who say we have concerns limiting this investigation to 48 hours and exclusively relying on the public safety exception of miranda could very well be a national security mistake, they call it. they could severely limit our ability to gather critical information about future attacks from this suspect. alex? >> okay. thank you for that latest from the white house, peter alexander. >>> some staggering numbers associated with the world's biggest marathon and a massive security effort trying to prevent another attack. we have a live report next. >>> and boston strong, some poignant and defiant moments as the city returns to life. [ male an
he may have been read his miranda rights by a judge as early as tomorrow. the republican lawmakers, of course, say the public safety exception doesn't go far enough, that he should be treated as an enemy combatant. we do not want this suspect to have the right to remain silent. here is a little bit more about what they said. i'll put this graphic up on the screen. this is from a statement released by those republican lawmakers who say we have concerns limiting this investigation to 48 hours and...
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authorities decided to withhold reading his miranda rights. as time passes, does the justification for this wear off and in your opinion does the u.s. and investigators stand to regret that? >> they will regret it i think. a, there was never a basis for the public safety exception because when they announced it, the police announced there was no public safety danger. they arrested everybody. didn't think there was a risk to the public. why will they come to regret it? they think the case will be made based on videotapes and civil evidence. there are two elements to every crime. that is the crime itself which they have no problem proving and the intention. now, in order to get the death penalty, they have to prove a terrorist intention. in order to do that, they may get the information from him without having mirandized him and that information may get kept out of a trial. they may have blown the death penalty by not giving him his miranda warnings. >> we talk about public exception, the questioning is limited in scope. do you think there's pot
authorities decided to withhold reading his miranda rights. as time passes, does the justification for this wear off and in your opinion does the u.s. and investigators stand to regret that? >> they will regret it i think. a, there was never a basis for the public safety exception because when they announced it, the police announced there was no public safety danger. they arrested everybody. didn't think there was a risk to the public. why will they come to regret it? they think the case...
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. >> and they'll ask him questions at first without reading him his miranda rights. when do you expect charges to be filed? >> charges could come as early today. terror charges that could bring the death penalty. he won't be read his miranda rights. they're going to use the public safety can exception. they're taking this extraordinary step because there could be an imminent threat still out there. i just got off the phone, george, with a senior law enforcement, of deep concern of ammunition, guns and working bombs these men had. they were so disciplined. >> any indication of another sleeper cell? >> right now, no evidence of a broader plot involving more people here, but law enforcement officials say they can't take that chance. the investigation is full tilt to find that out. >> okay, pierre, thanks very much. let's get more on this from our team of analysis from our team, dan abrams, brad garrett and richard clarke. dan, let me begin with you. the question about the questioning of the witness, at least at first he will not be read his miranda rights. >> that's rig
. >> and they'll ask him questions at first without reading him his miranda rights. when do you expect charges to be filed? >> charges could come as early today. terror charges that could bring the death penalty. he won't be read his miranda rights. they're going to use the public safety can exception. they're taking this extraordinary step because there could be an imminent threat still out there. i just got off the phone, george, with a senior law enforcement, of deep concern of...
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the magistrate issues the miranda warning. always the magistrate issues the miranda warning. and the part where it says if you can't afford to hire a lawyer, the court will give you one. that's the guy who gives it. the magistrate. >> on the answers, if you do get answers from a terrorist suspect, how do you distinguish between honest applies and appli applies, and reapplies that go to the investigation. >> that's for the investigators. can they determine if he is lying and the follow-up. >> all right. thank you so much for those insights. up next, the international connection. a whole host of theories about the boller's motives. what if anything did his beck ground play? ♪ if loving you is wrong ♪ i don't wanna be right [ record scratch ] what?! it's not bad for you. it just tastes that way. [ female announcer ] honey nut cheerios cereal -- heart-healthy, whole grain oats. you can't go wrong loving it. plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. it has 7 antioxidants to support cell h
the magistrate issues the miranda warning. always the magistrate issues the miranda warning. and the part where it says if you can't afford to hire a lawyer, the court will give you one. that's the guy who gives it. the magistrate. >> on the answers, if you do get answers from a terrorist suspect, how do you distinguish between honest applies and appli applies, and reapplies that go to the investigation. >> that's for the investigators. can they determine if he is lying and the...
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he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this device. they want to know why these people did this and more importantly, how they went about doing it, any other people of foreign or domestic, they were in contact with and if he starts to talk, that will obviously help the investigation tremendously. >> anderson, you've done a great job today. thank you very much for now. i want to turn to cnn's brian todd in watertown, who shot exclusive video of the boat while the bombing suspect was still inside it. brian, a quite dramatic end game here to what has been an appalling few days for the people of wat
he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this...
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you've been hearing a lot about miranda rights. there's issue at play here that need to be clarified. we're going to read a couple of the things said from the hearing. we have the transcript. the judge said, quoting here, you have been charged with one use of a weapon often mass destruction and malicious destruction of property resulting in death. the case is being prosecuted in part by william weinreb. the maximum penalty on each count is death or imprisonment for any terms of years, or life. and there was this finding from the judge, and this one is important. quote, i find that the defendant is alert, mentally competent, and lucid. he is aware of the nature of the proceedings. okay? so that is the basis for the discussion. joined by retired superior court judge isaac borenstein in boston. he's done hospital visits over his 22 years as a judge. let us begin with the idea, confusion and frustration about miranda rights. give them right away, if you don't give them, then this prosecution is astray. what is the basic understanding o
you've been hearing a lot about miranda rights. there's issue at play here that need to be clarified. we're going to read a couple of the things said from the hearing. we have the transcript. the judge said, quoting here, you have been charged with one use of a weapon often mass destruction and malicious destruction of property resulting in death. the case is being prosecuted in part by william weinreb. the maximum penalty on each count is death or imprisonment for any terms of years, or life....
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read him his miranda rights and let the criminal justice work. that's what we do in america. >> you think this needs to happen by the end of today at this point? >> once the fbi is able to ascertain whether or not there are continued threats to public safety, they should not expand further public safety exemptions. to do so is going to get their nick nice knickers in a twist. look at the 9/11 defendants. we tortured them, held them in secret prisons. we still have not prosecuted the alleged master minds of the 9/11 attacks. if boston wants and all of america wants justy, the best way is to let the criminal justice system kick up and work. to make it up as we go along is foolhardy, unconstitutional, and frankly really un-american. >> anthony romero, executive director for the aclu. thank you for coming on the show this morning, sharing your views. appreciate it. >> thank you. >>> we're expecting to get an update, by the way, any minute now on the conditions of some of the boston bombing victims who are still in the hospital. >>> plus, how should t
read him his miranda rights and let the criminal justice work. that's what we do in america. >> you think this needs to happen by the end of today at this point? >> once the fbi is able to ascertain whether or not there are continued threats to public safety, they should not expand further public safety exemptions. to do so is going to get their nick nice knickers in a twist. look at the 9/11 defendants. we tortured them, held them in secret prisons. we still have not prosecuted the...
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i don't think the miranda argument is particularly important in the end. they'll convict him if he lives. and if they don't give him miranda warnings, maybe they'll get more information about if there are other individual involved in this conspiracy. >> do you think that's part of it? other individuals involved? as someone who's been in the situations before, how big a concern is that, of the decisions tonight? >> sure. it's not about getting additional evidence against him. the public safety exception is to find out whether or not there is explosive devices out there that would cause some harm to the public -- >> which they're worried about. they don't know where all the pipe bomb went. >> sure. it's an absolute right to use the public safety exception in these circumstances. or is there an act of conspiracy beyond him and his brother. that's important for law enforcement to get to the heart of that as quickly as possible. >> that's an important point. we've been talking about, you know, they thought during the day that he could have some of those pipe bo
i don't think the miranda argument is particularly important in the end. they'll convict him if he lives. and if they don't give him miranda warnings, maybe they'll get more information about if there are other individual involved in this conspiracy. >> do you think that's part of it? other individuals involved? as someone who's been in the situations before, how big a concern is that, of the decisions tonight? >> sure. it's not about getting additional evidence against him. the...
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they have yet to question him but will not read his miranda rights first because of a public safety inspection. his statements will be used as evidence when there is a reasonable need to protect the public from immediate danger. >>> from boston to big sur there is a link that ties to the big sur marathon. along highway 1 and carmel, organizers were in boston when the explosions happened. david louie explained they are now preparing to beef up security. >> 400 runers from the boston marathon are part of a group that will do back-to-back races. a week from sunday they will be running the big sur international marathon. race director was near the finish line when the devices exploded. >> knowing what it was and how crowded the area what it was, gutted check reaction, this is not good. >> the tragedy could have caused them to cancel plans but it hasn't happened. >> there is more determination than ever. there were many part of this special group of people, 400 entrants who are part of the boston and big sur challenge, more determination to come to big sur and finish the race. security will be rais
they have yet to question him but will not read his miranda rights first because of a public safety inspection. his statements will be used as evidence when there is a reasonable need to protect the public from immediate danger. >>> from boston to big sur there is a link that ties to the big sur marathon. along highway 1 and carmel, organizers were in boston when the explosions happened. david louie explained they are now preparing to beef up security. >> 400 runers from the...
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certainly he will be read his miranda rights. this is obviously a very controversial subject involving terrorism investigations, but since this was an fbi arrest, this will -- he will be read his miranda rights. he doesn't have to ask for a lawyer. he could make statements that could later be used against him. that's after all what the miranda warnings are. you can have an attorney or you can make a statement. depending on -- >> jeff, let me jump in here. i want to check in with john king. >> -- he will either speak to -- >> john, you're hearing more? >> i just want to pass along information from our producer, who says two federal law enforcement officials have confirmed to her they have verified the identity. it is the younger brother, suspect number two, in custody. it is now they say federal officials verified the identity and have no doubt. as i said earlier, a federal official i communicated with said in custody, unspecified medical needs and they are now sweeping that scene to make sure there are no additional risks. >> bri
certainly he will be read his miranda rights. this is obviously a very controversial subject involving terrorism investigations, but since this was an fbi arrest, this will -- he will be read his miranda rights. he doesn't have to ask for a lawyer. he could make statements that could later be used against him. that's after all what the miranda warnings are. you can have an attorney or you can make a statement. depending on -- >> jeff, let me jump in here. i want to check in with john...
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no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some kind of in this situation, unexploded bombs. it's important for people to understand, this is not the most extreme move. what you get from this is very limited interrogation and on top of that, it has to be directed questions. what does that mean? the questions can only go to minimizing and eliminating the immediate emergency. because that's why you've invoked this exception to the miranda warning which is required by supreme court precedent. but they did carve this out. >> the u.s. government is concerned about any potential new attacks so they want to limit th
no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some...
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so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst, peter bergen, joining us. peter has written extensively on al qaeda and osama bin laden. peter, i appreciate you joining us. what are the questions that you are most interested in learning about these two, in particular about motivation and their operational capability? >> well, first of all, anderson, i think it's very interesting that they were able to detonate two bombs almost simultaneously. i think that's pretty hard. it suggests either practice in the united states or training elsewhere or perhaps both. we've had terrorists who have gone overseas who have tried to d
so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst,...
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doj official says on background that, again, the suspect is in custody, is alive and that no miranda warning is going to be given. that the public safety exception is being invoked by the department of justice and law enforcement. in order to do a limited and focused interrogation. this is done, in part, when they want to make sure there's no continuing imminent threat. >> and, again, legally, does this in any way imperil their case later if they don't have a miranda warning. >> reporter: now, again, i'm not an attorney, but what this source told me is this is the only recognized exception. in this case, seen or taken by the supreme court. >> and dick clark, weigh in on that, please. >> i'm not a lawyer, either, but my understanding is that any information he gives them, prior to getting his miranda rights probably cannot be used against him in a court of law, but it seems to me they've got enough information against him already. >> i was asking you earlier who would go in the room, what kind of people, how they would talk to him. and they will be recording every single thing that ha
doj official says on background that, again, the suspect is in custody, is alive and that no miranda warning is going to be given. that the public safety exception is being invoked by the department of justice and law enforcement. in order to do a limited and focused interrogation. this is done, in part, when they want to make sure there's no continuing imminent threat. >> and, again, legally, does this in any way imperil their case later if they don't have a miranda warning. >>...
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. >> we now know that the suspect has not been given his miranda warnings. and there's a lot of discussion about the legal avenues that might be taken. but, evyenia, as an interroga r interrogator, how much do you care about the legal discussions going on and does that effect how you go about your job? >> yes, the legal aspect is very, very important. that comes from levels above you. so if the law does allow you to not ask those miranda rights, you can proceed. but you cannot make up the rules as you go. if you do not follow the law, if you do deviate from it, the things you do could cost the case ultimately. any confession you could get could be thrown out or dismissed or anything like that. you want to make sure that you do follow the law even though you may feel otherwise, we have to be careful. >> all right. an experienced interrogator, thank you so much for joining us. appreciate it. >> thank you. >> we have some good news for all that flooding out west. we'll tell you what it is, your weather forecast coming up. hey! did you know that honey nut cheeri
. >> we now know that the suspect has not been given his miranda warnings. and there's a lot of discussion about the legal avenues that might be taken. but, evyenia, as an interroga r interrogator, how much do you care about the legal discussions going on and does that effect how you go about your job? >> yes, the legal aspect is very, very important. that comes from levels above you. so if the law does allow you to not ask those miranda rights, you can proceed. but you cannot make...
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he wasn't read his miranda rights. they are using an exception there and there are calls for him to be treated as an enemy combatant. is that the right call, do you think? >> let's pick these two piece it is apart. on the miranda question it's not clear how much of an exception it really is. as an investigator or prosecutor you can choose not to mirandize someone. it makes things much more difficult for them down the road at trial. if you are concerned about getting certain kinds of information and it looks like the fbi and the national security apparatus is concerned about getting information, then you would want to get as much as you can out of someone in the near term in order to roll up any other individuals that might have been involved in a potential conspiracy. turning to the question on whether someone is an enemy combatant or not, if you apply law in 1944 when we were dealing with germans in the united states, maybe you could classify him as an enemy combatant. in the last 20 or 30 years, every major act of do
he wasn't read his miranda rights. they are using an exception there and there are calls for him to be treated as an enemy combatant. is that the right call, do you think? >> let's pick these two piece it is apart. on the miranda question it's not clear how much of an exception it really is. as an investigator or prosecutor you can choose not to mirandize someone. it makes things much more difficult for them down the road at trial. if you are concerned about getting certain kinds of...